STARTING A PROBATE OR OBTAINING LETTERS OF ADMINISTRATION - LA Court

RESOURCE CENTER for SELF-REPRESENTED LITIGANTS

Stanley Mosk Courthouse, 110 North Grand Avenue, Los Angeles, CA 90012

STARTING A PROBATE OR OBTAINING

LETTERS OF ADMINISTRATION

NOTE: These instructions provide the basic information you need to start a general probate case.

These instructions do not provide legal advice or take the place of consulting with a lawyer. The

forms can be found at courts. or as indicated.

REQUIREMENTS TO FILE IN CALIFORNIA

Decedent lived in CA when he/she died

Decedent did not have a valid trust

Decedent died owning more than $150,000 worth of assets

KEY WORDS/ PHRASES

Decedent

Administrator

Legal Representative

Letters of Administration

Heirs

Estate

the person who died

the person the COURT appointed to be responsible for the Probate

the person the COURT appointed to be responsible for the Probate

court document signed by the Judge confirming the appointment of

an administrator or representative

relatives that by law will receive a portion of decedent¡¯s estate

the real and personal property owned by the decedent at the time of

death

FORMS:

DE-111, Petition for Probate

DE-121, Notice of Petition to Administer Estate

PRO010, Probate Case Cover Sheet

WHAT IS PROBATE?

Probate is the Court Supervised process of collecting the decedent¡¯s assets, paying those that are owed

money to and distributing what is left to their heirs. Usually, if the decedent died without a valid

trust, lived in California when they died, and owned real property (house or vacant land), or other

assets totaling $150,000 or more, then a probate must be completed to transfer the property to their

heirs or beneficiaries.

Letters of Administration is the form that the Judge signs confirming that he has given that person

legal authority to represent the estate. Sometimes the bank will require this form before releasing

funds.

Los Angeles Superior Court - Central

Revised 8/2014

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RESOURCE CENTER for SELF-REPRESENTED LITIGANTS

Stanley Mosk Courthouse, 110 North Grand Avenue, Los Angeles, CA 90012

However, Letters of Administration are not needed when the decedent died owning less than $150,000

in assets. If this is the case, the heirs may complete a small estate affidavit. These can be obtained in

the Probate filing room or from your local financial institution.

HOW LONG DOES IT TAKE TO COMPLETE PROBATE?

Probate can take anywhere from 6 months to several years to complete.

COMPLETING THE PETITION FOR PROBATE, DE-111

Write your name and address in the top left box. In the box that reads ¡°Estate of,¡± write the name of

the decedent. Leave the box that reads case number, hearing date, Dept, blank. You will get this

information when you file your paperwork with the Probate filing window.

Check the appropriate box next to PETITION FOR:

Probate of Will and for Letters Testamentary- if the decedent had a Will to be offered

for probate and the person seeking to be appointed administrator is named in the Will.

Probate of Will and for Letters of Administration with Will Annexed- if the decedent

had a Will to be offered for probate but the person seeking to be appointed the

administrator is not named in the Will.

Letters of Administration- if the decedent died without a Will.

Letters of Special Administration- if you are seeking to preserve the decedent¡¯s assets

before a permanent administrator can be appointed or you are asking for a particular power

(example- to represent the estate in civil litigation, to collect certain assets or manage a

particular part of the decedent¡¯s estate).

o With general powers- general powers allow a special administrator to sell real

property or reject creditor¡¯s claims

Authorization to Administer Under the Independent Administration of Estates ActThis box is often checked. Do not check this box if you have a Will that prevents one

from performing under this act or if you are asking for ¡®Special Administration.¡¯

o Limited authority- means more Court supervision. With limited authority a

representative must have a court order to sell property or borrow money from the

estate. The bond amount shall be the value of cash on hand in the estate.

o Full authority - means acting with less court supervision. You may sell real

property or borrow money but must notify the heirs first. Heirs may object to your

proposed action. In order to act with full authority you need to be bonded for the

full value of the estate. Do not check ¡®limited authority¡¯ if you would like full

authority. Leave this box blank.

Next, complete the form by checking the appropriate box or filling in the requested information. The

following sections are those that may be difficult to answer without explanation. The information that

follows may be helpful.

Los Angeles Superior Court - Central

Revised 8/2014

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RESOURCE CENTER for SELF-REPRESENTED LITIGANTS

Stanley Mosk Courthouse, 110 North Grand Avenue, Los Angeles, CA 90012

1. Publication- publication is required when filing for Letters of Administration. You either may

arrange for publication with a newspaper in the Courthouse by marking publication requested or

arrange for publication in a newspaper located outside of the Courthouse.

2. Character and estimated value of the property.- this section must be completed.

Personal property-write the total resale value of furniture, clothing, cars, etc. owned by

the decedent at the time of death. Personal property also includes cash.

Annual gross income from real property-If decedent owned rental property, write the

yearly amount of rental income received by the decedent.

Annual gross income from personal property- This includes the yearly income received

from the sale or exchange of personal property.

The gross fair market value of real property- Estimate the fair market value of

decedent¡¯s home.

Encumbrances- Write the full amount of the mortgage on the property or the amount of

any other loan, lien, claim, or financial interest in the property that would prevent it from

passing free and clear.

Net Value of Real Property- Subtract the encumbrances from the fair market value and

write on line (6).

Don¡¯t forget to add line (6) to line (3).

3. Waiver of Bond. Section 3.d. concerns waiving bond. If any of the statements in 3d apply please

mark them.

4. Intestacy. Section 3.e.concerns intestacy. If decedent died without a will, he died intestate. If this

is true, check this box. If decedent had a will that is to be attached to the petition and probated,

then check (2) and write the date.

5. Appointment of Personal Representative.- Section 3.f. concerns appointment of representatives. If

you are probating a will check the appropriate box under 3. f. (1). Executor is the person named

in a will. If you are not probating a will, check the appropriate box under 3.f. (2). If you are

seeking to be appointed as the special administrator check 3.f. (3).

6. Heirs. Section 5 and 6 concerns living relatives and next of kin. Everyone must complete 5.

Complete 6, if the decedent died and was not survived by a spouse and kids or if the decedent

died survived by only a spouse (check only a or b).

Complete the remainder of the form. Date, print and sign your name in two places on the bottom

of page 4.

Once you have completed this form, copy it and turn it into the filing window in Room 429 along with 1)

the Probate Case Cover Sheet and 2) the original and copy of the will, if there is one and 3) your filing fee

of $435 or a Request for Fee Waiver, FW-001 and FW-003.

Los Angeles Superior Court - Central

Revised 8/2014

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RESOURCE CENTER for SELF-REPRESENTED LITIGANTS

Stanley Mosk Courthouse, 110 North Grand Avenue, Los Angeles, CA 90012

You may contact the Los Angeles County Bar Association at (213) 243-1525 for attorney referrals.

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Los Angeles Superior Court - Central

Revised 8/2014

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